Can you explain how to cover material and labor that happens before the 200 day lien notice in RI?

Thank you for that question as Rhode Island’s Mechanic’s Lien law is tricky, but it is important to be precise as it is strictly construed. Rhode Island’s Mechanic’s Lien Law looks back 200 days as your question provides PLUS any retainage that was held back. See RIGL 34-28-9 which states: “A notice of lien recorded in the land evidence records pursuant to § 34-28-4 shall be effective for two hundred (200) days prior to the date of filing. A notice of lien shall be effective as to any retainage earned but not paid, for work furnished pursuant to § 34-28-1 et. seq., and said notice of lien shall be effective from commencement of said work. Retainage is a percentage of the total contract amount that is withheld by the owner from the general contractor and by the general contractor from the subcontractor until the entire job is completed and the project is accepted by the owner and by the general contractor, at which time the retainage due is paid.”

So, other than retainage, which is covered by RIGL 34-28-9, the value of a subcontractor’s mechanic’s lien is limited to the value of labor/materials/equipment provided 200 days before the recording of the Notice of Intention. The way to preserve the value of the mechanic’s lien right is to file the Notice of Intention in the land evidence records. A complaint and other documents will need to be filed 40 days thereafter, but if you are continuing to perform work on the Project, you may file a subordination of your mechanic’s lien.

This response is for informational purposes only and does not constitute legal advice nor create any legal representation. If you have any questions or would like to discuss Rhode Island’s Mechanic’s Lien law further, please contact me at rtdunn@pierceatwood.com